Proposing a constitutional amendment authorizing the denial of bail to certain persons charged with a violent or sexual offense after having been previously convicted of a violent or sexual offense.
Impact
The proposed changes have significant implications for state laws regarding bail and pre-trial releases. In particular, it affects individuals charged with serious crimes such as murder, aggravated assault, aggravated kidnapping, and sexual offenses. By enabling the courts to deny bail more readily in cases involving repeat offenders, HJR39 seeks to deter future violent crime and protect community members from potentially dangerous individuals while awaiting trial.
Summary
HJR39 is a joint resolution proposing a constitutional amendment that would authorize the denial of bail to individuals charged with violent or sexual offenses who have previously been convicted of similar crimes. This amendment aims to enhance public safety by allowing judges to refuse bail based on past convictions. Specifically, the amendment modifies Section 11a of Article I of the Texas Constitution, adding provisions that permit such denials after a judicial hearing to assess the risks involved.
Contention
While proponents of HJR39 argue that it is a necessary step towards better public safety and accountability for repeat offenders, opponents raise concerns about the potential for misuse of discretion by the courts. Critics fear this could lead to unjust outcomes where individuals are held without bail based on the perception of danger rather than objective risk assessments. The debate around the bill also touches on broader issues of criminal justice reform and the balance between public safety and the rights of the accused.
Proposing a constitutional amendment authorizing the denial of bail under some circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons and requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary to ensure the person's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with certain felony offenses involving violence and requiring the denial of bail to a person accused of committing a felony while released on bail for a prior felony under most circumstances.
Proposing a constitutional amendment authorizing the legislature to enact laws providing for the denial of bail to a person accused of committing a trafficking or sexual offense against a child while released on bail for committing a similar offense.
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with stalking or an offense involving family violence.
Proposing a constitutional amendment authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons and requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary to ensure the person's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.